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FLEETWOOD ACRES v. FEDERAL HOUSING ADMINISTRATION

No. 84, Docket 21117.

171 F.2d 440 (1948)

FLEETWOOD ACRES, Inc. v. FEDERAL HOUSING ADMINISTRATION et al.

United States Court of Appeals Second Circuit.

December 29, 1948.

Attorney(s) appearing for the Case

Shanley & McKegney, of New York City, (Walter E. Kelley, of New York City, of counsel), for plaintiff-appellant.

John F. X. McGohey, U. S. Atty., of New York City (Edmond McCarthy, of New York City, of counsel), for defendant-appellee.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The plaintiff contends that, in effect, he has paid an insurance premium twice for the period from November 1, 1945 to May 31, 1946, i. e., that he paid a year's premium in advance on June 1, 1945, and that, on November 1, 1945, he paid the "adjusted" premium in settlement of all premiums for the period after the mortgage debt was paid.

There seems to be no dispute that, under the statute, defendant...

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